Rule 57 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 57 says how and when a registered trademark is renewed. The application is made in Form TM-R with the First Schedule fee and may be made at any time not more than one year before the registration expires. A request filed within the prescribed time must be allowed unless the mark has been removed, cancelled or is otherwise not renewable. The fee is per class. For an owner, this is the rule that fixes the renewal window, and a trademark renewal should be planned inside it.
A renewal application is made on Form TM-R with the First Schedule fee and may be made at any time not more than one year before the expiration of the last registration (rule 57(1)). A request filed within the prescribed time shall be allowed unless the mark has been removed or cancelled or is otherwise not renewable under the Act, the Rules or an order of a competent court or the Registrar (rule 57(2)).
Sub-rule (1): form, fee and the one-year window
"An application for the renewal of the registration of a trademark shall be made in Form TM-R along with the fee as prescribed in the first schedule and may be made at any time not more than one year before the expiration of the last registration of the trademark."
| Element | Text |
|---|---|
| Form | TM-R (the Second Schedule lists TM-R for renewal, renewal with surcharge and restoration) |
| Fee | As in the First Schedule; as notified in 2017 (check the current Schedule), entry 3: Rs 10,000 (physical) or Rs 9,000 (e-filing) "for each class" |
| Earliest time | Not more than one year before the expiration of the last registration |
| Latest time | Not stated in this sub-rule; see rules 58 to 60 and section 25 |
Points to read carefully:
- One year is a ceiling, not a minimum. The text says "at any time not more than one year before". An application made earlier than a year before expiry is outside the rule's wording, so do not file too soon.
- "Last registration". The window is measured against the expiration of "the last registration", meaning the current period of registration. The rule does not state the length of the period. The Form RG-2 certificate says registration is for ten years from the date mentioned and may be renewed for periods of ten years, and refers to section 25 and rules 57 to 61.
- Per class. Entry 3 sets the fee "for each class", so a mark registered in three classes needs the fee three times if all are renewed.
- Who files. The Form TM-R says the applicant "will ordinarily be the registered proprietor of the mark". The rule itself does not name the person.
The statutory basis is section 25 of the Act on duration, renewal, removal and restoration. This rule covers only the ordinary renewal application. Notices before removal, late renewal with surcharge and restoration are in rules 58 to 61.
Sub-rule (2): a timely request must be allowed
"A request for renewal of registration of the trademark filed within prescribed time shall be allowed unless the trademark has been removed or cancelled or is otherwise not renewable under any of the provisions of the Act and rules or by any order of the competent court or the Registrar."
The rule is mandatory ("shall be allowed") for a request filed within the time. It has exceptions, which are the usual ones:
| Exception | Meaning |
|---|---|
| Removed | The mark has been removed from the register |
| Cancelled | The registration has been cancelled |
| Otherwise not renewable | Not renewable under a provision of the Act or Rules |
| Order | Not renewable by order of a competent court or the Registrar |
The phrase "within prescribed time" is not defined in rule 57; it points to the window in sub-rule (1) and the further periods in rules 58 to 60. The text does not say what the Registrar's order of allowance looks like. Rule 61 requires notice of the renewal to the registered proprietor and every registered user, and advertisement in the Journal.
What this means in practice
- Open the window one year before expiry. Diary the date, because filing earlier falls outside the rule's words.
- Check every class. If you want to keep only some classes, the fee is per class.
- Confirm the mark is still renewable. A mark that has been removed or cancelled cannot be renewed under sub-rule (2).
- Use Form TM-R and pay the fee at the same time. Under rule 10(5), a document filed without or with insufficient fee is deemed not filed.
- Look at the other rules if you are late. Renewal after expiry carries a surcharge and, later, restoration steps, all dealt with in rules 58 to 60.
Example: Bhavna Pharma Ltd holds a registration in two classes expiring on 30 June. The earliest it may file the renewal on Form TM-R is the date one year before that expiry. It files in January, as e-filing, paying the entry 3 fee for each of two classes. Since the request is within the prescribed time and the mark is still on the register, rule 57(2) says it shall be allowed. If instead the mark had been removed, rule 57(2) would not apply and Bhavna would need to look at the restoration rule.
For practical guidance, see our articles on how to renew a trademark and on the renewal calendar.
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments to the rule, the form or the fee should be checked.
Need help with renewing your mark?
A missed renewal can lead to removal from the register. Our trademark renewal team can track your expiry dates, file Form TM-R in the window and confirm the entry.
Key takeaways
- Renewal is applied for on Form TM-R with the First Schedule fee.
- The application may be made not more than one year before the expiry of the last registration.
- The fee is for each class.
- A request within the prescribed time shall be allowed unless the mark has been removed or cancelled or is not renewable.
- Notice of renewal goes to the proprietor and registered users and is advertised in the Journal.
Read next
- Rules 58–59: notice before removal and advertisement of removal
- Rules 60–61: restoration and renewal, and notice and advertisement
- Rule 56: certificate of registration
- Trademark renewal calendar: never miss a deadline
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.